EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides for the establishment of a list of exempt native specimens. Specimens included in the list are exempt from the trade control provisions that apply to regulated native specimens.
The effect of this instrument is to revoke the conditions to which the inclusion of the following item in the list of exempt native specimens on 1 December 2004 is subject:
- Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery.
and impose the following conditions to which the inclusion of the specimens in the list is subject:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully;
- the specimens are included in the list until 28 September 2012;
- operation of the Gulf of Carpentaria Inshore Fin Fish Fishery will be carried out in accordance with the management arrangements in force under the Queensland Fisheries Regulation 2008 and the Queensland Fisheries Act 1994; and
- Fisheries Queensland to advise the Department of Sustainability, Environment, Water, Population and Communities of any proposed substantive changes to the Gulf of Carpentaria Inshore Fin Fish Fishery management arrangements that may affect the assessment of the fishery against the criteria on which EPBC Act decisions are based.
Revoking the conditions and imposing the above conditions to which the inclusion of the specimens in the list of exempt native specimens is subject will allow continued export of these specimens until 28 September 2012.
In determining to include the specimens in the list of exempt native specimens regard was had to the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. Those guidelines establish the criteria for assessment of the ecological sustainability of the relevant fisheries management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for Sustainability, Environment, Water, Population and Communities must consult such other Commonwealth minister or ministers and such other minister or ministers of each state and self‑governing territory, as the minister considers appropriate. The minister may also consult with such other persons and organisations as the minister considers appropriate. In this instance, the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities consulted with Fisheries Queensland as Fisheries Queensland has management responsibilities for the fishery concerned.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This legislative instrument does not engage any of the applicable rights or freedoms. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. One aspect of this Act is the regulation of the trade of native specimens, including fish and invertebrates. To refine the management of native specimens taken from specific fisheries, the Australian Government introduced amendments to the List of Exempt Native Specimens. Specifically, the conditions governing the exemption of specimens from the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery were updated to ensure compliance with ecological sustainability criteria. This legislative instrument, F2012L00071, revokes previous conditions and imposes new ones, facilitating the continued lawful export of these specimens until 28 September 2012, in alignment with the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries. The enactment of this instrument underscores the commitment to balancing environmental protection with economic activities, while ensuring that fisheries management arrangements meet the necessary ecological sustainability standards.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens applies to specimens of fish or invertebrates taken from the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery, excluding those derived from species listed under Part 13 of the Act. This legislative instrument, which amends the list, exempts these specimens from the trade control provisions that apply to regulated native specimens, provided that certain conditions are met. These conditions include the lawful taking of the specimens, their inclusion in the list until 28 September 2012, adherence to the management arrangements under the Queensland Fisheries Regulation 2008 and the Queensland Fisheries Act 1994, and notification by Fisheries Queensland to the Department of any proposed changes to the fishery management arrangements that may affect the ecological sustainability assessment. The amendment is made under section 303DC of the EPBC Act and ensures continued export of these specimens until the specified date, reflecting the Australian Government’s guidelines for the ecologically sustainable management of fisheries.
Key Provisions
The main operative sections of this legislation pertain to the amendment of the List of Exempt Native Specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Section 303DB). Specifically, it concerns the exemption of specimens taken from fish or invertebrates in the Queensland Gulf of Carpentaria Inshore Fin Fish Fishery from trade control provisions. The Act revokes the conditions that previously governed the inclusion of these specimens in the list of exempt native specimens, effective from 1 December 2004, and introduces new conditions that apply from this amendment. These conditions include the requirement that the specimens be taken lawfully, that they remain on the list until 28 September 2012, and that the fishery operates in accordance with the management arrangements set forth in the Queensland Fisheries Regulation 2008 and the Queensland Fisheries Act 1994. Additionally, Fisheries Queensland must inform the Department of Sustainability, Environment, Water, Population and Communities of any proposed changes to the fishery management arrangements that could impact the ecological sustainability assessment.
This Act imposes several obligations and requirements on the parties involved. Primarily, Fisheries Queensland must ensure that any specimens included in the list of exempt native specimens are derived from fish or invertebrates taken lawfully within the specified fishery. They must also adhere to the stipulated management arrangements for the fishery and communicate any significant changes to these arrangements to the Department. This ensures that the export of these specimens remains compliant with the criteria established for the ecological sustainability of the fishery under the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries.
The Act does not explicitly outline specific offences, penalties, or consequences for breach. However, any non-compliance with the conditions set forth in the Act, such as failure to report changes to fishery management arrangements or exporting specimens that do not meet the legal criteria, could result in legal action under the EPBC Act or other relevant environmental protection laws. Such breaches could lead to civil or criminal penalties, including fines and imprisonment, depending on the severity and intent of the non-compliance. It is also important to note that any actions that contravene the ecological sustainability guidelines could further incur penalties under the EPBC Act.